STRAIN v. PHILPOTT

Civ. A. No. 840-E.

331 F.Supp. 836 (1971)

Willie L. STRAIN, on his own behalf and on behalf of all others similarly situated, et al., Plaintiffs, United States of America, Plaintiff-Intervenor, v. Harry M. PHILPOTT, as President of Auburn University, et al., Defendants.

United States District Court, M. D. Alabama, E. D.

September 1, 1971.


Attorney(s) appearing for the Case

Solomon S. Seay, Jr., of Gray, Seay & Langford, Montgomery, Ala., for plaintiffs.

Ira DeMent, U. S. Atty., Montgomery, Ala., and Stephen P. Passek, Atty., U. S. Dept. of Justice, Civil Rights Div., Washington, D. C., for plaintiff-intervenor.

James J. Carter, of Hill, Hill, Stovall, Carter & Franco, Montgomery, Ala., and Thomas D. Samford, III, of Samford & Samford, Opelika, Ala., for defendants Philpott, Robertson and Trustees of Auburn University.

John P. Kohn, Montgomery, Ala., for defendant Montgomery County Bd. of Revenue.

Poole & Poole, Greenville, Ala., for Butler County Court of Commissioners.

Rowe & Lane, Enterprise, Ala., for Coffee County Court of Commissioners.

T. G. Gayle, Selma, Ala., for Dallas County Bd. of Revenue.

Fite, Davis & Fite, Hamilton, Ala., for Marion County Bd. of Revenue.

W. B. Arbuthnot, Marion, Ala., and Leslie Hall, Montgomery, Ala., for Perry County Court of Commissioners.


OPINION

FRANK M. JOHNSON, Chief Judge.

This class action claims violations of the Fifth and Fourteenth Amendments of the United States Constitution, 42 U. S.C. §§ 1981, 1983, and 2000d, and 7 U. S.C. § 341 et seq. Subject matter jurisdiction arises from 28 U.S.C. §§ 1331, 1343(3) and (4), 1346 and 1361. The plaintiffs are all Negro citizens of the State of Alabama and include a Negro employee of the Alabama Cooperative Extension...

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